PIERRE, S.D.- Attorney General Marty J. Jackley announced today that the South Dakota Supreme Court has upheld the Attorney General ballot explanation for Constitutional Amendment K and ordered that the amendment should remain on the ballot for the general election in November. In May, the South Dakota State Federation of Labor AFL-CIO brought a lawsuit challenging the ballot explanation written by the Attorney General and further seeking to keep Amendment K off the ballot. Circuit Court Judge John Brown denied its request, and the Supreme Court agreed with that ruling.

“It is for the People of South Dakota to decide whether or not our Constitution should guarantee the right to vote by secret ballot. This fundamental principle has now been upheld by South Dakota’s highest Court,” stated Attorney General Marty Jackley.

During the 2010 Legislative Session, a joint resolution was passed by the Senate and House of Representatives to submit to the electors an amendment to the State Constitution relating to the right of individuals to vote by secret ballot. The proposed amendment would guarantee a right to vote by secret ballot to prevent others from knowing how a person voted. This right would apply to elections of public officers, adoption of initiated or referred measures, and elections to designate or authorize employee representation, such as elections concerning unions. All Attorney General ballot explanations for the November 2010 election are on file with the Secretary of State’s Office and may be reviewed at http://www.sdsos.gov/electionsvoteregistration/upcomingelection_ballotquestionstatus2010.shtm